In the conclusion to the Rogue Elector saga we have been following, the Supreme Court applied what I refer to as the “Erosion Doctrine” to unanimously hold that states can turn their presidential electors into mere rubber stamps, thus depriving them of any discretion when selecting the president. Over two centuries the electors’ power to use their discretion slowly eroded until this case was decided earlier this year, officially killing that discretion and an original part of the Constitution. We discuss it.
The case itself:
Chiafalo v. Washington (2020)
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